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Oregon Bulletin

February 1, 2012

 

Department of Agriculture
Chapter 603

Rule Caption: Implementation of the wolf depredation compensation and financial assistance grant program.

Adm. Order No.: DOA 25-2011

Filed with Sec. of State: 12-28-2011

Certified to be Effective: 12-28-11

Notice Publication Date: 11-1-2011

Rules Adopted: 603-019-0001, 603-019-0005, 603-019-0010, 603-019-0015, 603-019-0020, 603-019-0025, 603-019-0030, 603-019-0035, 603-019-0040

Subject: The purpose of these rules is to provide criteria and procedures for implementation and administration of the Wolf Depredation Compensation and Financial Assistance Grant Program. Grant funds will be awarded to qualified county programs for compensation to persons who suffer death of or injury to livestock or working dogs that is attributed to wolf depredation. grant funds may also be awarded for financial assistance to persons who implement livestock management techniques or non-lethal wolf deterrence techniques designed to discourage wolf/livestock interactions and reduce wolf depredations. grant funds may also compensate counties for expenses associated with up to 90% of the implementation of the County Program as defined in the rule.

Rules Coordinator: Sue Gooch—(503) 986-4583

603-019-0001

Definitions

As used in 603-019-0001 to 603-019-0040, unless the context requires otherwise:

(1) “Livestock” means, ratites, horses, mules, jackasses, cattle, llamas, alpacas, sheep, goats, swine, bison, domesticated fowl and any fur-bearing animal bred and maintained commercially, or otherwise, within pens, cages or hutches.

(2) “Working dog” means any animal of the species Canis familiaris used to aid in the herding or guarding of livestock.

(3) “Department” means the State Department of Agriculture.

(4) “Trust Fund” means the Wolf Management Compensation and Proactive Trust Fund

(5) “County Program” means an established county government wolf depredation compensation and financial assistance program meeting all of the requirements established under this rule.

(6) “Attributed to wolf depredation” means a finding by the Oregon Department of Fish and Wildlife (ODF&W) or a designated agent for ODF&W, that wolf depredation was the probable cause of the death or injury.

(7) “Area of known wolf activity” means an area of known wolf activity that is designated as such by the ODF&W.

Stat. Auth.: ORS 690

Stats. Implemented: ORS 690

Hist.: DOA 25-2011, f. & cert. ef. 12-28-11

603-019-0005

Purpose

The purpose of these rules is to provide criteria and procedures for implementation and administration of the Wolf Depredation Compensation and Financial Assistance Grant Program. Grant funds will be awarded to qualified county programs for;

(a) Compensation to persons who suffer death of or injury to livestock or working dogs that is attributed to wolf depredation as well as compensation for certain missing animals that qualify and/or;

(b) Financial assistance to persons who implement livestock management techniques or nonlethal wolf deterrence techniques designed to discourage wolf /livestock interactions and reduce wolf depredations.

(c) Expenses associated with up to 90% of the implementation of a county program as defined in 603-019-0015(g).

Stat. Auth.: ORS 690

Stats. Implemented: ORS 690

Hist.: DOA 25-2011, f. & cert. ef. 12-28-11

603-019-0010

Eligible Applicants

Eligible applicants are county governments that have established an advisory committee and otherwise met the requirements listed in OAR 603-019-0015 and are prepared to assess applications from persons who are eligible to apply for grant funds from the county.

Stat. Auth.: ORS 690

Stats. Implemented: ORS 690

Hist.: DOA 25-2011, f. & cert. ef. 12-28-11

603-019-0015

Standards to Determine Grant Award Eligibility

(1) The Department will consider applications for funds from the Trust Fund from county programs that meet the stated purpose of this rule and contain the elements specified in this section.

(2) Grants are subject to available funding in the Trust Fund. A county may qualify for a grant if a county has a county program that meets the following requirements:

(a) A county must establish a county advisory committee to oversee the county program.

(A) Advisory committee membership shall include:

(i) One county commissioner;

(ii) Two members who own or manage livestock; and

(iii) Two members who support wolf conservation or coexistence with wolves.

(B) Once established, the county advisory committee shall agree upon two county business representatives to serve as additional county advisory committee members.

(b) A county must establish a procedure by which livestock owners and managers experiencing above expected death or injury to livestock or working dogs attributed to wolf depredation shall be given priority by the committee for grant moneys received under the County Program.

(c) A county program must require that an advisory committee must establish compensation rates for death or injury to livestock or working dogs attributable to wolf depredation, that are based on fair market value. Compensation for death or injury of livestock or working dogs takes priority over compensation for missing livestock.

(d) A county program must require that within an area of known wolf activity, a county advisory committee must establish compensation rates for missing livestock attributable to wolf depredation. To qualify for compensation for missing livestock producers must document that other possible causes for their animals to be missing, not including wolf depredation, have been eliminated for the number of missing animals they are claiming. Compensation for missing livestock may be at a lower value than compensation for death or injury as allowed in 603-019-0015(2)(c) at the discretion of the county advisory committee. Losses confirmed as due to wolf depredation shall be given priority over losses for missing livestock.

(e) A county program must establish eligibility requirements for compensation that ensures, contingent upon available funds, that:

(A) In order to consider awarding any compensation for death or injury to livestock or working dogs, or missing livestock and working dogs attributed to wolf depredation, the county advisory committee must determine that the person did not unreasonably or purposefully create circumstances that attract wolves or encourage conflict between wolves and livestock or working dogs, excluding accepted normal husbandry and grazing activities.

(B) Compensation for documented death or injury to livestock or working dogs that is attributed to wolf depredation that occurred outside an area of known wolf activity shall be compensated regardless of the preexistence of wolf deterrence techniques.

(C) Compensation for documented death or injury to livestock or working dogs that is attributed to wolf depredation that occurred within an area of known wolf activity shall be compensated if owners have demonstrated implementation of best management practices to deter wolves including reasonable non-lethal methods when practicable.

(D) Compensation for missing livestock or working dogs that is attributed to wolf depredation that occurred within an area of known wolf activity may be granted if owners document that other possible causes for their animals to be missing, not including wolf depredation, have been eliminated for the number of missing animals they are claiming.

(f) A county program must distribute grant program funds, to the extent possible, in an equal and balanced manner between payments to compensate for death or injury to livestock or working dogs attributed to wolf depredation and payments to implement livestock management techniques or nonlethal wolf deterrence techniques designed to discourage wolf depredation of livestock, with a minimum of 30% of a county’s grant funds, as distributed by the Department to that county, distributed for livestock management techniques or nonlethal wolf deterrence techniques designed to discourage wolf depredation of livestock.

(g) The county must contribute an amount of money equal to 10% of the allowable expenditures necessary to implement the county program during the calendar year. Allowable expenditures are:

(A) Establishing a county advisory committee.

(B) Establishing a procedure by which persons applying for compensation will provide sufficient evidence of actual livestock and/or working dog losses attributed to wolf depredation.

(C) Establishing a procedure by which persons applying for financial assistance for the cost of livestock management or nonlethal deterrence provides an estimate of the potential cost.

(D) Establishing compensation rates for livestock or working dog losses from death, injury or missing all of which are attributed to wolf depredation.

(E) Distributing grant program funds.

(F) Preparation of an annual report to the Department.

Stat. Auth.: ORS 690

Stats. Implemented: ORS 690

Hist.: DOA 25-2011, f. & cert. ef. 12-28-11

603-019-0020

Distribution of Grant Funds by County Advisory Committees

Grant funds received by a county program from the Department may only be used to reimburse the following expenses or losses:

(1) Compensation for documented death or injury to livestock and working dogs determined as attributed to wolf depredation.

(2) Compensation for missing livestock or working dogs only when the animals in question became missing from within an area of known wolf activity and the livestock owner or manager has satisfied the requirements described in 603-019-0015.

(3) Compensation for death, injury or missing livestock or working dogs within a known area of wolf activity requires the livestock owner or manager to demonstrate to the county advisory committee, that they implemented best management practices to deter wolves, including reasonable use of nonlethal methods when practicable.

(4) Compensation for the cost of livestock management techniques or nonlethal wolf deterrence techniques designed to limit wolf/livestock interactions and discourage wolf depredation of livestock. These funds must amount to at least 30% of the total grant funds distributed by the Department to a county program.

(5) A county may submit up to 90% of expenses incurred by implementation of a county program meeting the requirements specified in OAR 603-019-0015. The county must make a money contribution equaling at least 10% of the expenses for one calendar year for implementation of a county program.

Stat. Auth.: ORS 690

Stats. Implemented: ORS 690

Hist.: DOA 25-2011, f. & cert. ef. 12-28-11

603-019-0025

Application Procedures

(1) Grant application forms will be made available and distributed by the Department.

(2) Each county shall submit its proposal for funding on the Department’s application form, including attachments as necessary.

(3) Applications for grant funds may be submitted to the Department by February15th of each year. Late submissions may be accepted in the discretion of the Department as is consistent with law.

(4) Grant applications may be made for:

(a) Funds to compensate for the loss or injury of livestock or working dogs due to wolf depredation;

(b) Funds to compensate for missing livestock consistent with OAR 603-019-0015;

(c) Funds for financial assistance for the implementation of nonlethal management techniques designed to discourage wolf depredation of livestock; and

(d) For up to 90% of the expense for one calendar year of implementing a county program as described in 603-019-0015.

Stat. Auth.: ORS 690

Stats. Implemented: ORS 690

Hist.: DOA 25-2011, f. & cert. ef. 12-28-11

603-019-0030

Application Review

(1) The Department may process grant applications to evaluate the reasonableness of the amount of money requested. The Department may use formulas it may derive for allocating available funds equitably among grant requests.

(2) The Department will review each application for completeness, accuracy, and consistency with these rules. Incomplete applications may be returned for correction or completion. Applications not meeting the standards established in these rules may be denied. If an application is denied, the Department may identify standards necessary for approval of a future grant application.

Stat. Auth.: ORS 690

Stats. Implemented: ORS 690

Hist.: DOA 25-2011, f. & cert. ef. 12-28-11

603-019-0035

Grant Awards

(1) After reviewing a county application, the Department will make one of the following decisions for each county’s grant request.

(a) Approval of grant award for the full amount requested;

(b) Approval of grant award of partial amount requested. In this instance, the Department may elect to fund a portion of grant request;

(c) Deferral of request for further consideration based upon submission of additional information;

(d) Denial of request. Applicants whose proposals are denied may reapply the following year.

(2) Any funds not allocated within the current calendar year by the Department shall be carried forward in the Trust Fund into the following year.

Stat. Auth.: ORS 690

Stats. Implemented: ORS 690

Hist.: DOA 25-2011, f. & cert. ef. 12-28-11

603-019-0040

Grant Administration

(1) The Department and the recipient county will enter a grant agreement that includes but is not limited to the following:

(a) A description of the county program and a description of the work elements for which grant funding is received. ;

(b) A payment schedule as determined by the Department.

(c) A condition requiring the participating county to prepare an annual report that specifies the actions taken, compensation paid and financial assistance provided under the grant. This report will be due to the Department on June 1st of each year beginning in the year 2012.

(d) A condition allowing the Department to withhold the relevant payment pending resolution of the identified deficiencies in grant administration or in the event the Department finds a report unsatisfactory.

(e) A condition allowing, termination of the grant agreement if a county is consistently unable to meet performance standards as identified in the grant or as consistent with law.

(2) A condition requiring each recipient to submit a final report to the Department within six months of the official close of the grant period. The final report must detail the actions taken consistent with the grant agreement, compensation paid and financial assistance provided under the grant.

(3) A condition requiring counties to maintain any and all records necessary to allow the Department to monitor administration of the grant.

(4) A condition specifying that grantees and the Department may amend timelines specified in the grant agreement provided such amendments are in writing and are mutually agreed to.

(5) A condition specifying that unexpended grant funds not used by the grantee must be returned to the Department for reallocation to the Trust Fund.

(6) A condition specifying that as part of its duty to monitor the county programs, the Department may audit and review county program grant application documents, subsidiary record documentation, and source documents, including but not limited to, invoices, cost computations by the county or by a County Advisory committee and all other instruments and documents upon which expenditure of grant funding was determined and which the Department ascertains is necessary to determine compliance with a county program.

(7) A condition specifying that any grant moneys disbursed to a county that remain unobligated or unexpended as of the termination date of a grant agreement must be returned to the Department.

Stat. Auth.: ORS 690

Stats. Implemented: ORS 690

Hist.: DOA 25-2011, f. & cert. ef. 12-28-11

 

Rule Caption: Implementation of Oregon Laws 2011 Chapter 436 regarding the management of egg-laying hens in cages.

Adm. Order No.: DOA 26-2011(Temp)

Filed with Sec. of State: 12-28-2011

Certified to be Effective: 12-28-11 thru 6-20-12

Notice Publication Date:

Rules Adopted: 603-018-0001, 603-018-0003, 603-018-0007, 603-018-0009, 603-018-0011, 603-018-0013

Subject: ORS Oregon Laws 2011 Chapter 436 requires the department to develop administrative rules for the management of egg-laying hens housed in cages and to regulate the distribution of eggs and egg products within Oregon. These rules provide clarity on the standards that must be met for egg-laying hens in cages, the requirements for distribution of eggs and egg products in Oregon, how to provide proof of meeting such standards, responsibilities of distributors and purchasers of eggs and egg products and what information is to be included in Farm Business Plans. These rules also include enforcement alternatives, civil penalty implementation and department access and subpoena authority.

Rules Coordinator: Sue Gooch—(503) 986-4583

603-018-0001

Definitions

For purposes of OAR 603-018-0003 to 603-018-0013:

(1) “Commercial egg-laying farm” means any commercial farm that has caged egg-laying hens at any one location or multiple locations.

(2) “Director” means the Director of the Department of Agriculture or the Director’s authorized deputies or officers.

(3) “Distribute” means to import, consign, sell, offer for sale, barter, exchange or otherwise facilitate the supplying of eggs or egg products into or within Oregon.

(4) “Distributor” means the first person that distributes egg or egg products into or within Oregon.

(5) “Enforcement” means any documented action taken by the department to address a violation.

(6) “Person” includes individuals, corporations, associations, firms, joint stock companies, public and municipal corporations, political subdivisions of the state and any agency thereof, and the federal government and any agency thereof.

(7) “Sell” or “Sale” means to sell, offer for sale, expose for sale, or have in possession for sale.

(8) “Violation” is an act or omission that does not comply with a provision of Oregon Laws 2011 Chapter 436 or the administrative rules developed thereunder.

Stat. Auth.: 2011 OL Ch. 436

Stats. Implemented: 2011 OL Ch. 436

Hist.: DOA 26-2011(Temp), f. & cert. ef. 12-28-11 thru 6-20-12

603-018-0003

Poultry Husbandry, Cage Size Standards for Egg Laying Hens

(1) All cages used, or intended for use to confine egg-laying hens that were constructed or otherwise acquired before January 1, 2012 must meet, or exceed, the following standards for certification established in the 2010 Edition of the United Egg Producers’ (UEP) Animal Husbandry Guidelines for U.S. Egg Laying Flocks addressing Housing and Space Guidelines.

(a) Cage configuration and equipment maintenance must be such that manure from birds in upper cage levels does not drop directly on birds in lower level cages.

(b) All hens must be able to stand comfortably upright in their cage. The slope of the cage floor should not exceed 8 degrees.

(c) Space allowance must be in the range of 67 to 86 square inches of usable space per bird to optimize hen welfare.

(d) Feeder space must be sufficient to allow all birds to eat at the same time.

(e) Chicks, pullets and hens must have continuous access to clean drinking water except that water may be shut off temporarily in preparation for the administration of vaccines or medication in the water.

(2) All cages used, or intended for use to confine egg-laying hens that are constructed or otherwise acquired after January 1, 2012 must meet, or be convertible into enclosures that meet, or exceed, standards equivalent to the American Humane Certified TM Animal Welfare Standards for Enriched Colony Housing (revised June 29, 2011).

(3) At a minimum, all cages used, or intended for use to confine egg-laying hens to produce eggs for distribution into, or within Oregon and were constructed or otherwise acquired before January 1, 2012 must meet the standards described in OAR 603-018-0003(1) or must meet standards for UEP certification until cages meet, or are converted to meet, or exceed, standards equivalent to American Humane Certified TM Animal Welfare Standards for Enriched Colony Housing (revised June 29, 2011).

Stat. Auth.: 2011 OL Ch. 436

Stats. Implemented: 2011 OL Ch. 436

Hist.: DOA 26-2011(Temp), f. & cert. ef. 12-28-11 thru 6-20-12

603-018-0007

Standards for, and documentation of, production and distribution of eggs and egg products

(1) All eggs, or egg products distributed in Oregon shall be from hens managed in accordance to Oregon law and OAR 603-018-0001 through 603-018-0007.

(2) Distributors of eggs or egg products into, or within, this state, for use within this state to any entity other than the retail end-user of shell eggs, must provide documentation to the department that the eggs or egg products originated from hens managed according to (OAR 603-018-0007(1). Such documentation may include a copy of current UEP certification, AHA certification, certification by an independent third party approved by the Director.

(3) If the documentation required in OAR 603-018-0007(2) of this section is not on file with ODA as a part of a Farm Business Plan as required in 603-018-0009, the distributor of eggs or egg products must complete and submit documentation of current UEP Certification, or a notarized letter from an independent third party approved by the Director, certifying that the eggs being distributed in Oregon meet the requirements of 603-018-0001 through OAR 603-018-0007 to the State Department of Agriculture before distributing any eggs or egg products in the state. The documentation required by 603-018-0007(2) must be submitted annually.

(4) Any Oregon purchaser, other than the retail end-user of shell eggs, of eggs or egg products must maintain receipts or other documentation identifying the distributor from whom they received eggs, or egg products. Receipts or other documentation must be maintained for a period of three (3) years and made available to the department upon request.

(5) Eggs or egg products that are certified per section OAR 603-018-0007(2) of this section may not be sold in Oregon if they are comingled with non-certified eggs or egg products.

(6) A person may not fail, or refuse, to submit documentation that eggs, or egg products sold in Oregon meet the standards required by the department. Failure, or refusal to submit documentation to the department may result in an enforcement action including civil penalty.

(7) A person may not fail, or refuse, to possess or maintain records as required in OAR 603-018-0007 (4) of this section. Failure, or refusal to possess and maintain documentation as required may result in an enforcement action including civil penalty.

(8) A person may not distribute eggs or egg products that the person knows, or reasonably should know that are a product of an egg-laying hen that has been confined in an enclosure that fails to comply with Oregon Laws 2011 Chapter 436 or OAR 603-018-0001 through 603-018-0007. Any such distribution may result in an enforcement action including civil penalty.

Stat. Auth.: 2011 OL Ch. 436

Stats. Implemented: 2011 OL Ch. 436

Hist.: DOA 26-2011(Temp), f. & cert. ef. 12-28-11 thru 6-20-12

603-018-0009

Commercial Egg-Laying Farm Business Plans

(1) Upon renewal of an “Egg Breaker” or “Egg Handler” license issued by the department annually beginning July 1, 2012, all commercial egg laying farms in Oregon must write and submit to the department a Farm Business Plan describing the manner by which they intend to comply with 2026 conversion goals as outlined in Section 9 of Oregon Laws 2011 Chapter 436.

(2) If a commercial egg-laying farm in Oregon does not hold an “Egg Breaker” or “Egg Handler” license, a Farm Business Plan may be submitted to the department annually beginning July 1, 2012.

(3) A Farm Business Plan must include:

(a) Identification of the commercial egg-laying farm location(s) including address, contact information, signature of principal owner(s) or their authorized representative.

(b) Date plan was written.

(c) A copy of a current UEP or AHA certification, or a notarized letter of certification by an an independent third party approved by the Director that verifies that the eggs, or egg products are produced from hens managed according to the standards of OAR 603-018-0001 through OAR 603-018-0007 at a minimum.

(d) Percentage of total egg-laying hen capacity that currently meet, or exceed, UEP standards or standards described in OAR 603-018-0001 through OAR 603-018-0007.

(e) Percentage of total egg-laying hen capacity that meet, or exceed, AHA Enriched Colony Housing standards. The sum of (d) and (e) must equal 100%.

(f) Brief narrative explaining how the farm intends to meet the anticipated replacement timeline for the conversion of enclosures.

(4) Each person submitting a Farm Business Plan must maintain adequate documentation to support the information provided therein. These documents must be made available to the department upon request.

(5) Verification of the information contained in a Farm Business Plan may be accomplished by physical inspection of the commercial egg-laying farm by a department representative.

(6) A person may not fail or refuse to submit a Farm Business Plan as required. Failure or refusal to submit a Farm Business Plan as required is a violation subject to enforcement actions, up to and including civil penalty.

(7) A person may not fail or refuse to maintain adequate documentation to substantiate information contained in a Farm Business Plan. Failure or refusal to maintain, or provide, such documentation is a violation subject to enforcement actions, up to and including civil penalty.

(8) The department may request information to be included in a Farm Business Plan as deemed necessary.

Stat. Auth.: 2011 OL Ch. 436

Stats. Implemented: 2011 OL Ch. 436

Hist.: DOA 26-2011(Temp), f. & cert. ef. 12-28-11 thru 6-20-12

603-018-0011

Department Access, Subpoena authority

(1) As authorized by ORS 561.275 the State Department of Agriculture may have access at reasonable times to records, premises, materials or conveyances as necessary for the purpose of administering and enforcing Oregon Laws 2011 Chapter 436 and rules adopted thereunder.

(2) The department may obtain a subpoena to require the production of pertinent records related to the administration and enforcement of Oregon Laws 2011 Chapter 436 and rules adopted thereunder.

Stat. Auth.: 2011 OL Ch. 436

Stats. Implemented: 2011 OL Ch. 436

Hist.: DOA 26-2011(Temp), f. & cert. ef. 12-28-11 thru 6-20-12

603-0018-0013

Enforcement and Civil Penalties Generally

(1) In addition to any other penalty provided by law, the Director may assess a civil penalty not to exceed $2,500 for each violation of any provision of Oregon Laws 2011 Chapter 436 and rules adopted thereunder.

(2) In addition to a civil penalty or any other penalty provided by law, the department is not precluded from utilizing other enforcement alternatives. Enforcement alternatives may include, but are not limited to, letter of advisement, notice of violation, or other non-civil penalty action as authorized by law and as deemed necessary to attain compliance.

(3) A civil penalty imposed under the applicable statutes and these rules may be remitted or reduced upon such terms and conditions, as the Director considers proper and consistent with public health and safety.

(4) Civil penalties shall be due and payable ten (10) business days after the order becomes final by operation of law or on appeal. A person may pay a civil penalty before an order becomes final. Payment of a civil penalty before an order becomes final is an admission by the person of all of the allegations in the Notice of Imposition of Civil Penalty.

Stat. Auth.: 2011 OL Ch. 436

Stats. Implemented: 2011 OL Ch. 436

Hist.: DOA 26-2011(Temp), f. & cert. ef. 12-28-11 thru 6-20-12

 

Rule Caption: Inland Rogue Agricultural Water Quality Management Area Rules.

Adm. Order No.: DOA 1-2012

Filed with Sec. of State: 1-12-2012

Certified to be Effective: 1-12-12

Notice Publication Date: 7-1-2011

Rules Adopted: 603-095-1460

Rules Amended: 603-095-1400, 603-095-1420, 603-095-1440

Rules Repealed: 603-095-0200, 603-095-0220, 603-095-0240, 603-095-0260, 603-095-0280

Subject: The Rules effectuate the implementation of the Inland Rogue Agricultural Water Quality Management Area Plan developed under ORS 568.900 through 568.933 and OAR Chapter 603 Division 90.

Rules Coordinator: Sue Gooch—(503) 986-4583

603-095-1400

Purpose

(1) These rules have been developed to implement a water quality management area plan for the Inland Rogue Agricultural Water Quality Management Area pursuant to authorities vested in the department through ORS 568.900 – 568.933 and 561.190 – 561.191. The area plan is known as the Inland Rogue Agricultural Water Quality Management Area Plan.

(2) The purpose of these rules is to outline requirements for landowners in the Inland Rogue Agricultural Water Quality Management Area to prevent and control water pollution from agricultural activities and soil erosion. Compliance with OAR 603-095-1400 to 603-095-1460 is expected to aid in the achievement of applicable water quality standards in the Inland Rogue Agricultural Water Quality Management Area.

Stat. Auth.: ORS 561.190 - 561.191 & 568.912

Stats. Implemented: ORS 568.900 - 568.933

Hist.: DOA 13-2001, f. & cert. ef. 6-8-01; DOA 1-2012, f. & cert. ef. 1-12-12

603-095-1420

Geographic and Programmatic Scope

(1) The Inland Rogue Agricultural Water Quality Management Area includes the drainage area of the Rogue River primarily within the political boundaries of Jackson and Josephine counties. It does not include the drainage area of the Lower Rogue outside the Josephine county boundary. The physical boundaries of the Inland Rogue Agricultural Water Quality Management Area are indicated on the map included as Appendix 1 of these rules.

(2) Operational boundaries for the land base under the purview of these rules include all lands within the Inland Rogue Agricultural Water Quality Management Area in agricultural use, agricultural and rural lands that are lying idle, or on which management has been deferred, and forested lands with agricultural activities, with the exception of public lands managed by federal agencies, reservation and tribal trust lands, and activities which are subject to the Forest Practices Act.

(3) Current productive agricultural use is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are within the purview of these rules.

(4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Inland Rogue Agricultural Water Quality Management Area.

(5) For lands in agricultural use within other Designated Management Agencies’ or state agency jurisdictions, the Department of Agriculture (department) and the appropriate Local Management Agency will work with these Designated Management Agencies to assure that provisions of these rules apply and to assure that duplication of any services provided, or fees assessed does not occur.

[ED. NOTE: Appendices referenced are available from the agency.]

Stat. Auth.: ORS 561.190 - 561.191 & 568.912

Stats. Implemented: ORS 568.900 - 568.933

Hist.: DOA 13-2001, f. & cert. ef. 6-8-01; DOA 1-2012, f. & cert. ef. 1-12-12

603-095-1440

Prohibited Conditions

(1) All landowners or operators conducting activities on lands described above in OAR 603-095-1420(2) shall be in compliance with the following rules. A landowner shall be responsible for only those conditions caused by the activities of the landowner or operator. Rules do not apply to conditions resulting from unusual weather events or other exceptional circumstances that could not have been reasonably anticipated. Limited duration activities may be exempt from these conditions subject to approval by the department.

(2) Excessive Soil Erosion

(a) There shall be no visible evidence of erosion resulting from agricultural management in a location where erosion has contributed or will contribute sediment to waters of the state. Visible evidence of erosion may consist of the following features:

(A) Sheet wash, noted by visible pedestalling, surface undulations, and/or flute marks on bare or sparsely-vegetated ground;

(B) Visibly active gullies, as defined by OAR 603-095-0010(1);

(C) Multiple rills, which have the form of gullies, but are smaller, in cross-sectional area, than one square foot.

(3) Riparian Vegetation Destruction

(a) Agricultural management of riparian areas shall not impede the development and maintenance of adequate riparian vegetation to control water pollution, provide stream channel stability, moderate solar heating, and filter nutrients and sediment from runoff.

(b) This condition is not intended to prohibit riparian grazing where it can be done while managing for riparian vegetation required in OAR 603-095-1440(3)(a).

(c) Constructed ditches that carry only irrigation delivery and drainage water are exempt from conditions described in OAR 603-095-1440(3).

(4) Surface Irrigation Return Flows. Runoff of surface irrigation that enters waters of the state shall not exceed water quality standards or cause pollution of the receiving water.

(5) Waste. No person subject to these rules shall violate any provision of ORS 468B.025 or ORS 468B.050.

Stat. Auth.: ORS 561.190 - 561.191 & 568.912

Stats. Implemented: ORS 568.900 - 568.933

Hist.: DOA 13-2001, f. & cert. ef. 6-8-01; DOA 1-2012, f. & cert. ef. 1-12-12

603-095-1460

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an alleged occurrence of agricultural pollution will be evaluated in accordance with the criteria in ORS 568.900 to 568.933, or any rules adopted thereunder to determine whether an investigation is warranted.

(3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution, or alleging any violation of ORS 568.900 to 568.933, or any rules adopted thereunder, may file a complaint with the department.

(4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-1460(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933, or any rules adopted thereunder.

(5) As used in section OAR 603-095-1460(4), “person” does not include any local, state, or federal agency.

(6) Notwithstanding OAR 603-095-1460(4), the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Statutory Authority: ORS 561.190 - 561.191 & 568.912

Statutes Implemented: ORS 568.900 - 568.933

Hist.: DOA 1-2012, f. & cert. ef. 1-12-12

 

Rule Caption: Renames Directly Supervised Trainee license and allows for multiple year renewal with continuing education component.

Adm. Order No.: DOA 2-2012

Filed with Sec. of State: 1-13-2012

Certified to be Effective: 1-1-13

Notice Publication Date: 9-1-2011

Rules Amended: 603-057-0001, 603-057-0100, 603-057-0127

Subject: The rules rename the Directly Supervised Trainee License to avoid confusion wit the Immediately Supervised trainee License. The Directly Supervised trainee License is renamed the Pesticide Apprentice License. In addition, the rules expand the ability to renew the Pesticide Apprentice License. Existing administrative rules limit directly supervised trainees to one lifetime annual renewal. A pesticide Apprentice may maintain this license indefinitely by attending educational program. The rules restrict Pesticide Apprentices from applying pesticides by helicopter or fixed wing aircraft.

      The amendments are intended to allow flexibility for employers to hire, train, supervise and maintain Pesticide Apprentices. Persons who qualify for the Pesticide Apprentice license will be able to enter the industry at a more gradual pace and will be introduced to concepts presented in continuing education programs. Persons with limited written English language skills or test-taking abilities will be allowed to continue employment under the supervision of a fully licensed applicator. The rules clarify several trainee responsibilities, ensure documentation of the supervisor-trainee relationship; and

      The Agency received public comments in support of the rule change as it will streamline the licensing process by having the Pesticide Apprentice license replace both the Commercial Directly Supervised trainee license and the Public Directly Supervised trainee license. Also allowing conditions to renew this license reduces the negative economic impact of the rule on businesses by allowing them to retain trained employees.

Rules Coordinator: Sue Gooch—(503) 986-4583

603-057-0001

Definitions

In addition to the definitions set forth in ORS 634.006, the following shall apply

(1) “Accident” means an undesirable and unintended event, caused by the use or application of pesticides, that adversely affects the environment.

(2) “Compatibility” means the properties of a pesticide that permit its use with other chemicals without undesirable results being caused by such combination.

(3) “Competence” means the proficiency in the performance of activities related to pesticide application, the degree of which is directly related to the nature of such activities.

(4) “Common Exposure Route” means a likely way (oral, dermal, respiratory) by which a pesticide may enter an organism.

(5) “Environment” means water, air, land and plants, humans, or other animals living therein or thereon, and the interrelationships existing among them.

(6) For the purpose of pesticide registration as specified in ORS 634.016, “pesticide product” means a pesticide readily distinguishable from any other pesticide by its content, registration number assigned by the United States Environmental Protection Agency, brand name, trade name, manufacturer, registrant, use as specified in labeling, or other distinction, but not including size or quantity of package.

(7) “Non-Target Organism” means plant or animal life other than to which the pesticide is applied or is intended to be applied.

(8) “Regulated Pest” means a specific organism determined by the Department to be a pest requiring control, or eradication in order to protect the environment.

(9) For the purposes of ORS 634.006(9)(c), 634.106(7), 634.126(1)(c), OAR 603-057-0001(11), and 603-057-0127, the terms “direct charge of,” “supervises,” “direct supervision,” or “supervision” means that:

(a) The supervisor of the person applying a pesticide has determined that the person applying a pesticide has sufficient knowledge and ability to safely apply the particular pesticide according to its label directions and any other additional directions;

(b) The person applying a pesticide is applying the particular pesticide under the instructions of their supervisor; and

(c) The person applying a pesticide is applying the pesticide in such proximity to their supervisor that such supervisor is reasonably available for any needed consultation or further direction, even though such supervisor is not physically present at the time or place of the pesticide application.

(10) “Immediate Supervision” means supervision by an appropriately licensed applicator who is:

(a) Located on the pesticide application site at all times during the application; and

(b) Available at the specific point of pesticide use within a time period of no more than five minutes.

(11) “Pesticide Apprentice” is a type of pesticide trainee or a type of public trainee, as those terms are defined in ORS 634.006(14) and (18), that engages in pesticide application activities under the supervision of a licensed pesticide applicator or a licensed public applicator as described in OAR 603-057-0127. A pesticide apprentice is limited to the categories of pesticide application authorized on the applicator license of the supervisor.

(12) For the purposes of subsection (9) of this rule, “supervisor” means a person that is responsible for the actions of a person applying a pesticide.

Stat. Auth.: ORS 561.190 & 634

Stats. Implemented: ORS 634.306

Hist.: AD 7-1977, f. & ef. 4-5-77; AD 7-1980, f. & ef. 9-25-80; AD 17, f. & cert. ef. 11-15-89; AD 12-1992, f. 10-13-92, cert. ef. 1-1-93; DOA 2-2012, f. 1-13-12, cert. ef. 1-1-13

603-057-0100

Operators, Applicators, Dealers, and Consultants License Fees

The following designated annual fees shall be applicable to each described license:

(1) Pesticide Operator: $90 including one category; $15 for each additional category; and $20 for each additional category after license issued.

(2) Pesticide Applicator: $50 including one category; $7.50 for each additional category; and $12.50 for each additional category after license issued.

(3) Pesticide Trainee or Apprentice: Same as pesticide applicators.

(4) Public Applicator, Trainee or Apprentice: Same as pesticide applicators.

(5) Pesticide Dealer: $75, with a separate license required for each sales outlet or location.

(6) Pesticide Consultant: $40.

Stat. Auth.: ORS 561 & 634

Stats. Implemented: ORS 634.116, 634.122, 634.126, 634.132 & 634.136

Hist.: AD 1001(15-73), f. 11-20-73, ef. 12-11-73; AD 7-1977, f. & ef. 4-5-77; AD 24-1981, f. & ef. 12-1-81; DOA 39-2003, f. 10-17-03, cert.ef. 11-15-03; DOA 2-2012, f. 1-13-12, cert. ef. 1-1-13

603-057-0127

Pesticide Apprentice Standards of Competence

(1) The department may issue a pesticide apprentice license for one licensing period, or portion thereof. The department may issue the license to an applicant that is at least 18 years of age upon receipt of:

(a) A license application form that contains all of the information requested by the department;

(b) Payment of the appropriate fee; and

(c) Documentation that the applicant successfully completed, within two years of the date of initial application, a written examination developed and administered by the department for the purpose of assuring that the applicant is competent in the use of pesticides as a pesticide apprentice. The content of this examination shall include the topics listed in OAR 603-057-0129(1)(a) through (e). Successful completion of the examination shall require answering at least 70 percent of the examination questions correctly.

(d) A pesticide apprentice license shall expire on December 31 of the year of issuance, or the following year if issued a license for two consecutive years.

(2) The department may renew a pesticide apprentice license for consecutive licensing periods upon receipt of:

(a) A license renewal application form containing all of the information requested by the department;

(b) Payment of the appropriate fee; and

(c) Documentation that the applicant successfully completed the required credit hours of pesticide instructional sessions during the previous licensing period. The department must accredit the instructional sessions. Eight (8) credit hours are required for each year of a licensing period. Four (4) of the eight (8) credit hours must be core credits as described in OAR 603-057-0135. All training requirements may be waived for the first year of the initial licensing period only.

 (3) If a person licensed as a pesticide apprentice does not deliver the form, fee, and documentation described in subsection (2) of this rule to consecutively renew their license, the person will not be eligible to renew their pesticide apprentice license. The person must retake the qualifying examination as described in (1)(c) of this section.

(4) A pesticide apprentice license authorizes the holder to conduct pesticide application activities under the supervision of an appropriately licensed supervisor. The licensed apprentice may apply pesticides only in the categories listed on the supervisor’s license. If the supervisor is a licensed public applicator, the licensed apprentice may only apply pesticides as described in ORS 634.116(12).

(5) For each pesticide application made by a pesticide apprentice, a pesticide application record, as required by ORS 634.146 and OAR 603-057-0130, must be made that also contains the names and pesticide license numbers of the appropriately licensed pesticide apprentice(s) and the supervisor(s). The employer of the licensed pesticide apprentice shall retain the record for a period of three years and release them to the department for inspection as required or authorized by ORS Chapters 561 or 634 or rules adopted thereunder.

(6) A pesticide apprentice license does not authorize the holder to conduct pesticide applications by helicopter or fixed wing aircraft.

(7) For purposes of this section “an appropriately licensed supervisor” is:

(a) A licensed pesticide applicator, or licensed public applicator;

(b) Licensed in the category, or categories, in which the pesticide apprentice is currently engaged.

(8) Any pesticide apprentice conducting pesticide application activities without a valid appropriately licensed supervisor, or who is unable to identify their supervisor, will be considered unlicensed and subject to enforcement actions in accordance to ORS 634.900

Stat. Auth.: ORS 561.190 & 634

Stats. Implemented: ORS 634.306

Hist.: AD 12-1992, f. 10-13-92, cert. ef. 1-1-93; DOA 2-2012, f. 1-13-12, cert. ef. 1-1-13

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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